Korean MSDS Submission

Apr. 23rd, 2021
366

On January 15 of 2019, the Ministry of Employment and Labor (MoEL) made a comprehensive amendment to the Occupational Safety and Health Act (OSHA). Compared with the previous act, three new regulations were proposed for MSDS submission, CBI application, and agent appointment will be officially implemented on January 16 of 2021. Manufacturers outside South Korea can appoint domestic agents in Korea who meet the requirements of the Ministry of Employment and Labor to complete related matters of MSDS submission and CBI application.

  1. Korean MSDS Submission
  • Chemical substances subject to MSDS

Substances/mixtures containing harmful factors (Article 104 of the OSHA) are referred to as Chemical substances subject to MSDS, and an MSDS must be prepared and submitted. Hazardous chemicals are belong to harmful factors.

  • Subjects and materials of MSDS submission
Submission Body Submission material
1)  Manufacturers/importers in Korea

2) Agents in Korea appointed by overseas manufacturers (OR)

1) Products’ MSDS

2) Names and contents of non-hazardous ingredients in the product (If all components are listed in MSDS, they can be omitted) or confirmation of chemical substance with LoC provided by overseas manufacturers

  • Method and time of MSDS submission

MSDS submission adopts online submission method:http://msds.kosha.or.kr

Before January 16, 2021: MSDS prepared/updated in accordance with Article 41 of the old version of OSHA, shall be updated and submitted by annual manufacture or import volume within 5 years from the date of enforcement of the Act (as shown in the figure below).

From January 16, 2021: An MSDS of materials controlled under the MSDS system should be submitted prior to manufacture or import.

The CBI application is the same as the MSDS submission, it applies to the same buffer period and is submitted on the same system.

  • MSDS submission results and application

You must transfer or provision an MSDS by reflecting the MSDS number (AA00000-0000000000) that granted to the MSDS when it was submitted to the MSDS system.

The MSDS number needs to be reflected on the MSDS for delivery.

  1. CBI Application

If the hazards in the chemical substances subject to MSDS exceed the concentration limit, they must be reflected in the MSDS. If the company wants to use an alternative name and/or alternative content due to the needs of trade secrets, it needs to apply to MoEL for CBI. Part 3 of the MSDS uses the permitted alternative name and/or alternative content.

CBI applications also enjoy the 1-to-5-year buffer period for MSDS submission. CBI applications are only for hazards.

It should be noted that not all substances can apply for confidentiality. CBI application needs to submit the following materials

  • CBI application needs to submit the following materials

1) Evidence materials deemed to be trade secrets (exempt for R